Why It Sometimes Matters Who Files for Divorce First

  • If you and your spouse are talking about divorcing, you may want to move quickly. In some circumstances, being the one to file first gives you an added advantage over your soon-to-be ex. At the very least, you should speak with a family attorney about your options right away so that you can prepare to file.


    Why File First?

    The advantages of filing first may include any of the following points:

    • Controlling the Speed of the Process – If your attorney files for divorce and serves paperwork on your spouse, you will set the pace for the divorce proceedings.

    • Choosing the County – When a couple is living separately and in different counties, the person filing can do so in his or her home county. This can be beneficial if you have a certain lawyer that you want to work with or are worried about your spouse having a unique advantage if the divorce takes place in his or her home county.

    • Stating Your Claim in the Initial Paperwork – By being the one to file, you can state your claims for why you are requesting the divorce. A judge will hear both sides, but this can set the tone for the entire proceeding. If your divorce is contentious, it can make a difference to the outcome.

    • Requesting Legal Fees – As the filing spouse, you can ask for the other party to pay either all or a portion of the legal fees.


    Speak with a Rancho Cucamonga Divorce Attorney

    Every divorce case is different, but filing first could give you several advantages, making it important to seek legal advice as quickly as possible. The Law Office of Laurence J. Brock can assist you, so schedule a free consultation by either calling 909-466-7661 or reaching us online.